[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR172.50]

[Page 266]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 172--EXPERIMENTAL USE PERMITS--Table of Contents
 
   Subpart C--Notification for Certain Genetically Modified Microbial 
                               Pesticides
 
Sec. 172.50  Response to a notification.

    (a) EPA will review and evaluate each Notification as expeditiously 
as possible and will make a determination no later than 90 days after 
receipt of the complete Notification; however, under no circumstances 
shall the proposed test proceed until the submitter has received notice 
from EPA of its approval of such test.
    (b) For each Notification, EPA may make the following 
determinations:
    (1) Require additional information from the submitter to assess the 
proposed test adequately.
    (2) Approve the proposed test.
    (3) Approve the proposed test provided that the submitter makes 
certain modifications to the test proposal.
    (4) Require an EUP for the test.
    (5) Disapprove the proposed test because of the potential for 
unreasonable adverse effects. Such disapproval by EPA shall be 
considered the equivalent of denial of an EUP and the remedies for such 
denial provided by Sec. 172.10 are available to the submitter.
    (c) If the proposed test is approved by EPA, then the submitter 
shall perform the test in the same manner described in the Notification, 
subject to any requirements imposed under paragraph (b)(3) of this 
section.